Thin capitalisation rules in Brazil and international tax principles: Part I

It is common for multinational enterprises around the world to finance their associated subsidiaries in high-level tax jurisdictions through issuing debts rather than equities.

Anti-Avoidance, ROW

The impact of BEPS on German transfer pricing practice – practical issues and problems

Introduction - The ever growing number of transactions involving MNEs over the past decade has resulted in transfer pricing becoming increasingly important. From the perspective of an MNE, transfer pricing offers the possibility to shift profits to affiliates located in low-tax jurisdictions. From the perspective of the tax authorities, profit shifting directly impacts on tax revenue meaning that appropriate countermeasures are necessary. Apart from that the tax authorities are becoming increasingly aware of the fact that transfer pricing adjustments can be a significant revenue booster. This ultimately leads to an increasing number of quite aggressive transfer pricing audits.

Double Taxation, Anti-Avoidance

Is cloud computing a challenge to the traditional concept of a permanent establishment?

The term cloud is used by the information and communication technologies (ICT) industry to indicate, primarily, virtual platforms or infrastructures that allow the execution of codes (services, applications, among others) in various forms across multiple resources, with relevant data.

Region, Europe

BRICS and article 12: international tax policy implications: Part 4

In this final part, Peter Wilson concludes his discussion of Article 12. Parts 1-3 appeared in the previous three issues of ITR.

Double Taxation, ROW
Corporate Taxes

Is cloud computing a challenge to the traditional concept of a permanent establishment?

Part 3

In Parts 1 and 2, which appeared in the March and April issues, Maria Cecilia Rossi discussed Cloud Computing and its interaction with the concept of permanent establishment. Here, in Part 3, she concludes her discussion.

Corporate Taxes, Practice

The OECD’s Base Erosion and Profit Shifting project – An update

Background - The Base Erosion and Profit Shifting (BEPS) project is now 18 months under way and is being supported by the G20 so it is almost certain that there will be considerable changes to the international tax landscape in the near future. Changes to the international tax architecture are necessary to prevent countries from taking a solo approach to taxing cross-border activities thereby generating juridical double taxation possibilities, which is a major obstacle to transnational business and investment activities.
Transfer Pricing, Anti-Avoidance

The intergovernmental agreement between the US and the UK for the implementation of FATCA: Part II

In Part I, Angelica Maria Orozco Diaz analysed the Intergovernmental Agreement between the USA and the UK in relation to FATCA. She continues her discussion here.

Anti-Avoidance, US/Americas
Double Taxation

Is cloud computing a challenge to the traditional concept of a permanent establishment? Part 2

In Part 1, Maria Cecilia Rossi introduced the concept of cloud computing and examined its interaction with traditional international tax law concepts and theories, with particular reference to the concept of permanent establishment. In Part 2, Rossi continues this discussion.

Corporate Taxes, Double Taxation
Investment and Indirect Taxes

Investment in Colombia from an international taxation perspective: Part 2

In Part I, Sylvia H. Torres Caro discussed how Colombia attracts foreign investment and focused her discussion on legal stability agreements put in place by Colombia and other Latin American countries. She concluded by briefly discussing the role played by Colombia’s double tax treaties in securing foreign direct investment. Part II continues this discussion.

Investment and Indirect Taxes, US/Americas

International tax avoidance using trusts: How can Cyprus facilitate this form of tax planning?– Part II

In Part I, Iva Angelova introduced the concept of tax avoidance and explained how trusts are used in tax planning schemes. In Part II, she continues with a discussion on the use of trusts internationally and the role played by Cyprus in the world of tax planning.

Anti-Avoidance, EU Law